The Model WHS Regulations pertaining to chemical classification,
labels and Safety Data Sheets have been drafted to implement the
'Globally Harmonized System of Classification and Labelling of
Chemicals' (GHS) across all jurisdictions.
These obligations are especially relevant to PCBUs who formulate,
manufacture, import or supply hazardous chemicals. In particular,
suppliers will need to be aware of regulations dealing with packing
hazardous chemicals and dangerous goods. In all jurisdictions with
the exception of NSW and the ACT, compliance with specific packing
provisions is a novel requirement. Codes of Practice for Labelling
and Preparation of Safety Data Sheets (currently available in draft
form) will provide detailed guidance on these topics.
Whilst the Part of the Model WHS Regulations relating to
Hazardous Chemicals is one of the areas to adopt a hierarchy of
controls to control risks, the Model WHS Regulations also place
considerable emphasis upon administrative control measures. These
obligations include keeping hazardous chemical registers and
manifests in the workplace, and preparing emergency plans. The
Model WHS Regulations create an authorisation regime for prescribed
uses of restricted and prohibited carcinogens, with record keeping
by PCBUs an important aspect of the Model WHS Regulations. PCBUs
are required to provide workers with information, training and
health surveillance, and to keep records of these activities for
prescribed periods of time. Notification requirements will apply in
a number of circumstances, including when a manifest quantity of
certain chemicals are at a workplace, when a tank is abandoned, and
when lead risk work is to be carried out.
Are there any changes to the placard and manifest quantities
under the Model WHS Regulations?
The Model WHS Regulations include a revised table of prescribed
levels for dangerous goods in the workplace. Threshold levels are
set out, with corresponding requirements to comply with various
placard and manifest regulations. Providing notification to the
regulator in cases where threshold levels are exceeded will be a
novel requirement in some jurisdictions, replacing licence and
registration regimes for dangerous goods currently in force in
Western Australia, Queensland and the ACT.
What are the requirements with respect to asbestos under the
Mode WHS Regulations?
The Model WHS Regulations set out detailed requirements with
respect to work involving asbestos. The Model WHS Regulations
address identification and management of asbestos in the workplace
and create a new national licensing scheme for asbestos assessors
PCBU obligations with respect to managing asbestos in the
workplace will include:
maintaining an asbestos register to record asbestos or asbestos
containing materials present in the workplace, and
having a written asbestos management plan in place.
PCBUs also have specific duties to provide training, health
surveillance and information about asbestos exposure to workers,
and to keep health surveillance and training records for prescribed
periods of time.
The introduction of a national licensing scheme for asbestos
assessors and removalists will implement standardised units of
competency and required training. PCBUs involved in asbestos
removal work will be obliged to prepare a written removal control
plan, and to notify the regulator prior to commencement of asbestos
removal. Further guidance on these regulations will be provided by
the proposed Codes of Practice dealing with management and control
of asbestos in the workplace, and asbestos removal.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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This was an interlocutory decision about the appointment of a tutor for the child appellant, to carry on his proceedings.
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